5-2-403. Appointee to be of same political party. (1) Whenever an appointee's predecessor served as a member of a political party, the appointee named under 5-2-402 must be a member of the same political party and must be selected from a list of three individuals provided:
(a) by the county central committee in a district within a single county; or
(b) by the county central committees, acting together, in a multicounty district, as described in 5-2-402.
(2) Whenever the appointing board is unable to elect an appointee from the submitted list, the appointing board shall request a second list of three names from the county central committee or committees. The second list may not contain any of the names submitted on the first list. The appointing board shall then select an appointee from the individuals named on both lists.
(3) The provisions of this section do not apply if the predecessor served as an independent.
History: En. Sec. 1, Ch. 179, L. 1967; amd. Sec. 2, Ch. 198, L. 1977; R.C.M. 1947, 43-215(5); amd. Sec. 2, Ch. 336, L. 2003.
Structure Montana Code Annotated
Chapter 2. Legislature -- Composition and Organization
5-2-402. Appointment by board of county commissioners -- county central committee role -- timeframes
5-2-403. Appointee to be of same political party
5-2-404. Procedure upon failure of one candidate to receive majority vote